Government accused of trying to 'silence' charity sector with new commissioner

Incoming Commissioner of the Australian Charities and Not-for-profits Commission Gary Johns.

AAP: Mick Tsikas

An outspoken critic of advocacy within the charity sector, who has also courted controversy with his views on welfare recipients, has been appointed as the Federal Government's new charities commissioner.

Key points:

Community Council chief questions appointing an "anti-charities campaigner" as commissioner

Gary Johns has been a staunch critic of charities that conduct public advocacy work

Dr Johns says he will make the charitable sector more transparent for donors

Labor MP asks Mr Turnbull to reverse the appointment

Former Keating-era Labor MP Gary Johns was today unveiled by Assistant Treasurer Michael Sukkar as the head of the Australian Charities and Not-For-Profits Commission, a powerful role which allows him to decide on charity registration, regulation and investigations.

Mr Sukkar said Dr Johns was the "standout" candidate out of 25 applicants and was hired through an independent process.

"The knowledge and experience that Dr Johns brings to the role as the independent commissioner will ensure that the Australian Charities and Not-For-Profits Commission will remain a strong and independent national regulator of charities," Mr Sukkar said.

The move has caused angst and dismay within the charity and not-for-profit community amid fears the role will allow Dr Johns to silence critics of Coalition government policies.

Dr Johns defended his appointment, saying he had four decades of experience in the not-for-profit sector, and was keen to characterise himself as the "regulator" rather than a hostile force.

"It's important that taxpayers know what charities are doing for this special privilege granted to them," he said.

The incoming commissioner said he acknowledged it was legal for charities to conduct advocacy work, despite his previous misgivings.

"My job is to apply the law, and advocacy is a charitable purpose when taken in conjunction with other charitable purposes," Dr Johns said.

Charity groups fear 'ridiculous' decisions

The head of the Community Council for Australia, David Crosbie, described the appointment as "very bizarre" and warned Dr Johns would try to "silence" charities.

"Why on earth would you appoint an anti-charities campaigner with no experience in regulation, no experience in running an organisation?" Mr Crosbie asked.

"It is the most inconsistent, ridiculous appointment that I think I have ever heard of.

"This is someone who believes charities should stop asking the Government for money, that the Government gives them too much money, that charities should not be advocates, that not enough charities do charitable work, and you are going to put that person in charge of the charities regulator?

"The only reason you would do that is that you are trying to close down the voice of charities."

The head of the Australian Council of Social Service (ACOSS), Cassandra Goldie, echoed those concerns and said Dr Johns' views on the charity sector were "extreme".

"This appointment is deeply troubling and a major mistake," she said.

"This will silence the sector."

Opposition calls for PM to intervene

Dr Johns served on Paul Keating's frontbench in the early 1990s. More recently he has been a staunch critic of charities that conduct public advocacy work.

The former columnist with The Australian newspaper has also criticised funding for Indigenous constitutional recognition and questioned whether mental health charities should be advocating for gay and lesbian rights.

He has further argued women receiving unemployment benefits must have contraception because, "The idea that someone can have the taxpayer, as of right, fund the choice to have a child is repugnant".

In another article he described Aboriginal women on welfare as "cash cows".

Labor MP Andrew Leigh has called for the Prime Minister to reverse the appointment, arguing Dr Johns is not fit to hold the lucrative position given his controversial history and "trenchant" criticism of the charity sector.

"If Malcolm Turnbull has any gumption, any leadership, he must step in today, overrule Michael Sukkar and announce that Gary Johns will not head the charities commission," Mr Leigh told reporters at Parliament House.

He has accused the Prime Minister of making the controversial appointment to appease right wing forces within the Liberal Party.

Mr Sukkar responded to questions about Dr Johns' controversial statements by saying he had not read every speech delivered or every article written.

Johns to push for more charity transparency

Dr Johns said he would be working to make the charitable sector more transparent for donors.

He maintains charities already provide the data but it could be used to "greater effect" so it is possible for donors to search for charities by cause rather than by name only.

"Once you get to do that, the donor can look inside the market and see how many charities offer deeds in your area of interest, or how many don't," he said.

"So we may pick up gaps and overlaps in the market."

Dr Johns replaces inaugural commissioner Susan Pascoe, who Mr Sukkar described as someone who was greatly respected and did a "good job".